APPENDIX (B). NOTE ON REGULATIONS REFERRED TO BY SIR WILLIAM ROBSON, JULY 25, 1910. Before 1783. Newfoundland. (Br. App., 689. 1611.) Orders issued by John Guy (Governor), binding "all persons of what nation soever." (1.) No ballast to be thrown out to the prejudice of the harbours. (2.) No harm to be done to any stages, cook-rooms, flakes, &c. (3.) Admirals of each harbour to take such beach or flakes as are necessary for his boats with overplus only for one boat more than he hath, and every other person to content himself with what he shall have necessary use for. (4.) No person to change marks of boats. (5.) No person to convert to his own use boats of others, except in cases of necessity and on notice to admiral. (6.) No person to set fire in any woods. (7.) No person to destroy any stage, &c. [These shew regulations as to the use of shore in relation to drying and curing fish.] Instructions to John Treworgie (Commissioner for Administration of Affairs of the Commonwealth in Newfoundland) from the Council. (Br. App., 511. 1653.) (1.) Take care for the Government and the fishery according to annexed laws. (2.) Collect fish dues from strangers. (3.) Secure fishery from any disturbance or interruption-power to order vessels to keep together or otherwise dispose of themselves for common safety. Annexed laws. (1.) No ballast to be thrown out to prejudice of harbours, but to be carried ashore where it does not do any annoyance. (2.) No person to damage any stage cook-room, &c. To be content with such stages as may be necessary. (3.) According to ancient custom the first to arrive to be admiral of harbour-same regulations as to reserving beach and flakes as in 1611 order. Those who have occupied several places to notify which they will choose. 66 (4.) No defacement of marks of boats, and no one to use other person's boat or train fats" without consent, nor to remove them except in case of necessity and on notice to admiral and others. (5.) No one to steal any fish, train, salt, &c. (6.) No one to set fire to woods or to damage trees by rinding except for covering of cook-rooms. (7.) No one to hinder hauling of seines for bait in usual places. (9.) No taverns. (10.) Limits stage room occupied by any planter. (13.) The company to assemble on Lord's Day for worship. [These were regulations for fishing and for drying and curing on shore.] Star Chamber rules. (Br. App., 512. 1660.) 15 Chas. II, cap. 16. (Br. App., 517. 1663.) (7.) No person to lay any net in or near any harbour to catch spawn or young fry of Poor John, or for any other use except for taking of bait. [Regulates fishing]. Order in Council for regulating fishing trade in Newfoundland. (Br. App., 518. 1670.) 1. Subjects of His Majesty's Kingdom of England for ever to have freedom of taking bait and fishing in any of the . . . . har bours or roads in or near Newfoundland, with liberty to land 1363 for curing, salting, and drying of fish and for cutting of wood for stages, rooms, &c., provided they submit to any present and future regulations. 2. No alien to take bait or fish between Cape Race and Cape Bona Vista. 4. No planter to occupy stages, beach, &c., before English fishermen are provided for. 9. No fishing vessel to leave England before the 1st March. 11. No captain to use any stage in any port, harbour or bay between Cape Race and Cape Bona Vista with less than 25 men all of one company. 13. Admirals to see to preservation of peace and good order and the execution of His Majesty's rules for regulation of the fishery. 15. No fishermen to remain after end of October. 10 & 11 Wm. III, cap. 25. (Br. App., 525. 1699.) 1. All His Majesty's subjects residing in England or the dominions thereunto belonging to have, use, and enjoy the free trade and are of merchandise and fishery, the freedom of taking bait and fishing in any of the . . . . creeks, harbours, or roads in or near Newfoundland and the said areas, and liberty to land for curing fish and to cut down trees for making stages, &c.; and no alien (not residing in England, Wales, or Berwick) to take bait or fish in Newfoundland. 2. Repeats provisions against throwing ballast into harbours. 3. Same provisions against destroying stages, &c. 4. Provisions as to admirals, and against taking more of the beach or stages than necessary-admirals to settle differences. 12. No rinding of trees after 25th March; no setting fire to woods. No person after the 25th March to hinder hauling of seines in customary baiting places, or to shoot his seine in or upon any other seines. 14. Admirals to see to enforcement of regulations contained in the Act. 16. Sunday to be strictly observed. Regulations by Hugh Palliser (governor). (Br. App., 690. 1765.) 1. No colonist (except whale fishers) to go to Labrador. 2. No person to resort to Labrador to fish or trade except ship fishers from His Majesty's dominions in Europe. 3. Regulations in 10 & 11 Wm. III, cap. 25, to apply to Labrador. Proclamation by Hugh Palliser.-King's officers have always had my orders to assist all vessels from the plantations employed in whale fishery, and, pursuant to His Majesty's orders to me, all vessels from plantations will be admitted to Labrador coast, the ancient customs as to cod fishing under 10 & 11 Wm. III, cap. 25, to be observed. (Br. App., 691. 1766.) Whale fishers, under necessary restrictions, permitted to land in Labrador to cut up whales, a liberty never allowed to them in Newfoundland. Prohibits whale fishers from plantations, from banking amongst boats of ship adventurers from Britain, destroying fishing works, and firing woods. 15 Geo. III, cap 31. (Br. App., 545. 1775.) Sec. 4. The privilege of drying fish on shore is not, and shall not be, enjoyed by any of His Majesty's subjects arriving at Newfoundland except from British dominions in Europe. Sec. 7. Fishers' vessels from Great Britain not to be restricted as to the days of fishing, and only to report at custom-house on arrival and clearance. [Above sections repealed by 5 Geo. IV, cap. 51, sec. 1.] (Br. App., 567.) Nova Scotia. Proclamation by Thomas Temple (governor) for regulating. fishing. (Br. App., 586. 1665.) 1. If any person comes into jurisdiction and without licence, penalty. fishes 2. Duly observe Sunday, and not to take any liberty by fishing to profane the same. 3. No vessel from New England to come into jurisdiction and bring goods and trade without licence. 5. Licensed fishermen not to be disturbed. 6. All persons to endeavour the preserving of the fish and the banks; none to take fish during spawning season; no offal to be thrown overboard. 10 Geo. III, cap 7. (Br. App., 587. 1770.) By Governor, Council and Assembly. 1. No fishermen to throw offal into sea within three leagues of shore. United States. Massachusetts Bay. Order of Court of (Br. App., 770. 1668.) No cod-fish, &c., to be killed to be dried, for sale in December or January. No offal to be thrown overboard at or near fishing grounds. No mackerel to be caught, except for spending when fresh, before 1st June.. 1364 Act 1692-3, cap. 32. (Br. App., 772. 1692.) By Governor, Council and Representatives. 2. No mackerel to be caught (except for spending whilst fresh) before 1st July, and no mackerel to be caught with any sort of net or seine. Act 1702, cap. 12. (Br. App., 773. 1702.) By Governor, Council and Representatives. No mackerel to be caught (except for spending whilst fresh) before 1st January. New Hampshire. Law of New Hampshire. (Br. App., 772. 1687.) By Governor and Council. No mackerel to be caught (except for spending whilst fresh) before 1st July, and no mackerel to be caught with seines. New Plymouth. Order of General Court. (Br. App., 770. 1668.) Directs requests to Court of Massachusetts to restrain throwing of offal overboard. Order of General Court. (Br. App., 770. 1670.) Prohibition against casting ballast near shore where convenient for seine fishing or throwing offal overboard, any inhabitant drawing mackerel ashore to pay 6d. per barrel-any foreigner to pay 18. 6d. per barrel. Order of General Court. (Br. App., 771. 1672.) Water bailiff may give liberty to strangers to fish with seine on paying dues. Order of General Court. (Br. App., 771. 1677.) The country having let their privileges of fishing at the Cape to three agreed it shall be improved by our own people, but in case they refuse, it shall be at the liberty of the partners to admit any out of the colony to improve it with them. Order of General Court. (Br. App., 1771. 1684.) No mackerel to be caught with nets or seines. New York. Act by Governor, Council and General Assembly. (Br. App., 775. 1772.) No person to draw seine or net of any length or set any seine or net more than 6 fathoms long, with meshes not less than 3 inches square from the 15th November to 15th April in the bays, rivers, or creeks of the County of Suffolk. Act by Lieutenant-Governor, Council and General Assembly. (Br. App., 776. 1775.) Prohibition against: (a.) Drawing nets of any length or setting nets above 6 fathoms long in bays, &c., of County of Suffolk between 15th November and 15th April. (b.) Setting any net in Ketchabanuck Channel or within 30 rods of mouth of said channel, leading into or out of Quantuck Bay. (c.) Setting nets in any other place in bays, &c., of said county within 4 rods of another net and that with meshes less than 3 inches square. Between 1783 and 1812. Newfoundland. 26 Geo. III, cap. 26. (Br. App., 555. 1786.) Sec. II. No person concerned in fishery to use any seine or net for catching cod by hauling on shore or tucking into a boat, with mesh less than 4 inches. Sec. 15. Forbids sale of boats, seines, bait, &c., to any alien. Nova Scotia. 26 Geo. III, cap. 7. (Br. App., 591. 1786.) Sec. 9. Justices to regulate manner of placing nets and seines in havens, rivers, creeks, and harbours of province. 33 Geo. III, cap. 9. (Br. App., 595. 1793.) By Lieutenant-Governor, Council and Assembly. Sec. 1. No net or seine to be placed across any river, cove or creek in the province so as to obstruct course of fish. Sec. 9. No net in harbour of St. John more than 20 fathoms long, and no net to be in water in any part of province between sunset on Saturday and sunrise on Monday. 39 Geo. IV, cap. 5. (Br. App., 597. 1799.) By Lieutenant-Governor, Council and Assembly. Sec. 1. Repeals Act of 1793 as to County of Northumberland. In Bay of Miramichi and its branches no net to be set in the bay except as therein permitted (elaborate provisions as to length of nets in different places). No net to be in water between sunset Saturday and sunrise Monday. Sec. 2. Penalty on any person who sets net in Miramichi Bay except as permitted. Sec. 9. Magistrates to make regulations for fishing in all other rivers, coves and creeks in said County. [N. B. Whole of Miramichi Bay in the County.] 50 Geo. III, cap. 20. (Br. App., 604. 1810.) By President Council and Assembly. Sec. 1. No net over certain size to be set in certain parts of the harbour of St. John. Sec. 2. No net at Shag Rocks, nor any nets fastened together, nor any drift net to be used in said harbour. Sec. 3. No drift net more than 30 fathoms to be used above the Boar's Head in River St. John. Drift nets to be 30 fathoms apart. No nets in water between sunset Saturday and sunrise Monday. Lower Canada. Recites Bay of Cha1785.) Order by the King to Governor of Quebec. leurs in Province of Quebec. (Br. App., 554. Enables Governor to grant use of beach to His Majesty's subjects. Directs Governor with consent of Provincial Council to establish local regulations, to prevent disputes between fishermen resorting to said beach. Instructions to Governor of Province of Quebec. Regulations for protection of fisheries in Gulf of St. Lawrence and on Labrador coast required. (Br. App., 53. 1786.) 28 Geo. III, cap. 6. (Br. App., 592. 1788.) By Governor and Legislative Council. Recites Bay of Gaspé and Bay of Chaleurs in this Province. Sec. 1. His Majesty's subjects to have freedom of taking bait and fishing with liberty to land for curing fish in certain parts. Sec. 2. Fishermen from Great Britain may reserve necessary parts of beach. Sec. 3. No person to rind trees or set fire to woods, or to hinder hauling of seines or shoot seine within another seine. Sec. 4. No ballast to be thrown in harbours, and no offal to be cast into sea within 2 leagues of shore. |